Angelo Alessandro SAMMARCO | Criminal Procedure

cod. 0160100087

CRIMINAL PROCEDURE

	0160100087
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2020/2021

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 4
	YEAR OF DIDACTIC SYSTEM 2012
	ANNUALE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/16	14	126	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

PROFESSORS

	FELICE PIER CARLO IOVINO T Curriculum
	ANGELO ALESSANDRO SAMMARCO Curriculum

	Objectives
	LEARNING OBJECTIVES THE COURSE AIMS TO PROVIDE: THE KNOWLEDGE OF THE CHARACTERISTICS, THE CONTENTS AND THE SIGNIFICANCE OF THE FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURAL LAW AND THE CORRECT METHODOLOGY FOR THE SOLUTION OF PROBLEMS OF GENERAL THEORY OF PROCESS, WITH ATTENTION TO EUROPEAN SOURCES OF LAW AND REGULATIONS; THE NOTIONS ON THE EXERCISE OF THE INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING THROUGHOUT THE WHOLE CRIMINAL PROCEEDINGS AND THE REQUIREMENTS OF CRIMINAL APPELLATE AND ENFORCEMENT JURISDICTION. EXPECTED LEARNING OUTCOMES: KNOWLEDGE AND UNDERSTANDING GENERAL KNOWLEDGE OF THE COMPLEX ARTICULATION OF CRIMINAL PROCEEDINGS AND THE REASONS FOR DETERMINING THE SEPARATION INTO DIFFERENT PROCEDURAL PHASES, RELATED TO PRE-TRIAL AND TRIAL; ABILITY TO UNDERSTAND THE DEGREE OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES RELATED TO THE "DUE PROCESS" IN THE PRESENT CRIMINAL JUSTICE SYSTEM ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING ABILITY TO ANALYZE AND APPLY WITH FULL AWARENESS THE SOLUTIONS PROVIDED BY THE CODE OF CRIMINAL PROCEDURE AND THE RELEVANT SPECIAL LEGISLATION, ALSO WITH REGARD TO EUROPEAN LAW, WITHIN THE FRAMEWORK OF THE GUIDING CONSTITUTIONAL PRINCIPLES; ABILITY TO TAKE ADVANTAGE OF THE ACQUIRED KNOWLEDGE OF CRIMINAL PROCEDURAL LAW AND THE DEVELOPED INTERPRETATIVE CAPACITIES FOR THE PURPOSES OF A CORRECT LEGAL COMPREHENSION OF THE BASIC CASE LAW AND THE SYSTEMATIC RESOLUTION OF APPLICATION PROBLEMS AUTONOMY OF JUDGMENT ACQUISITION OF AN ARGUMENTATIVE METHOD AND THE ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH APPROPRIATE LANGUAGE AND GOOD ARTICULATION OF THOUGHT.

LEARNING OBJECTIVES
THE COURSE AIMS TO PROVIDE: THE KNOWLEDGE OF THE CHARACTERISTICS, THE CONTENTS AND THE SIGNIFICANCE OF THE FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURAL LAW AND THE CORRECT METHODOLOGY FOR THE SOLUTION OF PROBLEMS OF GENERAL THEORY OF PROCESS, WITH ATTENTION TO EUROPEAN SOURCES OF LAW AND REGULATIONS; THE NOTIONS ON THE EXERCISE OF THE INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING THROUGHOUT THE WHOLE CRIMINAL PROCEEDINGS AND THE REQUIREMENTS OF CRIMINAL APPELLATE AND ENFORCEMENT JURISDICTION.
EXPECTED LEARNING OUTCOMES:
KNOWLEDGE AND UNDERSTANDING
GENERAL KNOWLEDGE OF THE COMPLEX ARTICULATION OF CRIMINAL PROCEEDINGS AND THE REASONS FOR DETERMINING THE SEPARATION INTO DIFFERENT PROCEDURAL PHASES, RELATED TO PRE-TRIAL AND TRIAL; ABILITY TO UNDERSTAND THE DEGREE OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES RELATED TO THE "DUE PROCESS" IN THE PRESENT CRIMINAL JUSTICE SYSTEM

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
ABILITY TO ANALYZE AND APPLY WITH FULL AWARENESS THE SOLUTIONS PROVIDED BY THE CODE OF CRIMINAL PROCEDURE AND THE RELEVANT SPECIAL LEGISLATION, ALSO WITH REGARD TO EUROPEAN LAW, WITHIN THE FRAMEWORK OF THE GUIDING CONSTITUTIONAL PRINCIPLES; ABILITY TO TAKE ADVANTAGE OF THE ACQUIRED KNOWLEDGE OF CRIMINAL PROCEDURAL LAW AND THE DEVELOPED INTERPRETATIVE CAPACITIES FOR THE PURPOSES OF A CORRECT LEGAL COMPREHENSION OF THE BASIC CASE LAW AND THE SYSTEMATIC RESOLUTION OF APPLICATION PROBLEMS
AUTONOMY OF JUDGMENT
ACQUISITION OF AN ARGUMENTATIVE METHOD AND THE ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH APPROPRIATE LANGUAGE AND GOOD ARTICULATION OF THOUGHT.

	Prerequisites
	PROPEDEUTICITY OF CONSTITUTIONAL LAW. IT IS OPPORTUNE TO ACQUIRE A BASIC KNOWLEDGE OF CRIMINAL LAW

	Contents
	PART ONE THE CRIMINAL PROCESSUAL SYSTEM (63 HOURS LECTURE / SEMINAR) THE CONSTITUTIONAL PRINCIPLES THE JURISDICTION GUARANTEE THE CONTRADICTORY GUARANTEE FREEDOMS AND THEIR PROTECTION GUARANTEE OF TIMES AND FORMS PART TWO THE STRUCTURE (63 HOURS LECTURE / SEMINAR) THE PROCEDURE FOR PRELIMINARY INVESTIGATIONS THE JUDGE FOR PRELIMINARY INVESTIGATIONS THE ADVANCE DEFINITION OF THE PROCESS THE DIVESTING JUDGMENT INSTAURATION AND PERFORMANCE THE IMPUGGTIONS PERFORMANCE RELATIONS WITH FOREIGN AUTHORITIES

Contents

PART ONE THE CRIMINAL PROCESSUAL SYSTEM (63 HOURS LECTURE / SEMINAR)
THE CONSTITUTIONAL PRINCIPLES
THE JURISDICTION GUARANTEE
THE CONTRADICTORY GUARANTEE
FREEDOMS AND THEIR PROTECTION
GUARANTEE OF TIMES AND FORMS

PART TWO THE STRUCTURE (63 HOURS LECTURE / SEMINAR)
THE PROCEDURE FOR PRELIMINARY INVESTIGATIONS
THE JUDGE FOR PRELIMINARY INVESTIGATIONS
THE ADVANCE DEFINITION OF THE PROCESS
THE DIVESTING JUDGMENT INSTAURATION AND PERFORMANCE
THE IMPUGGTIONS
PERFORMANCE
RELATIONS WITH FOREIGN AUTHORITIES

	Teaching Methods
	FREQUENCY IS NOT OBLIGATORY LESSONS WILL TAKE PLACE IN I AND II SEMESTER. AT THE END OF THE BEST UNDERSTANDING OF THE LEGAL INSTITUTIONS AND PROCESSUAL PROBLEMS TREATED, EVERY LESSON OF INSTITUTIONAL CHARACTER WILL BE FOLLOWED BY A SPECIFIC LECTURE / SEMINAR DEDICATED TO THE APPLICATION PRACTICE DEFINITIONS, THE JURISPRUDENTIAL DYNAMICS AND THE MOST RECENT INTERPRETATIVE DEVELOPMENTS ALSO WITH THE PARTICIPATION OF EXPERTS OF THE SECTOR

Teaching Methods

FREQUENCY IS NOT OBLIGATORY
LESSONS WILL TAKE PLACE IN I AND II SEMESTER.
AT THE END OF THE BEST UNDERSTANDING OF THE LEGAL INSTITUTIONS AND PROCESSUAL PROBLEMS TREATED, EVERY LESSON OF INSTITUTIONAL CHARACTER WILL BE FOLLOWED BY A SPECIFIC LECTURE / SEMINAR DEDICATED TO THE APPLICATION PRACTICE DEFINITIONS, THE JURISPRUDENTIAL DYNAMICS AND THE MOST RECENT INTERPRETATIVE DEVELOPMENTS ALSO WITH THE PARTICIPATION OF EXPERTS OF THE SECTOR

	Verification of learning
	ASSESSMENT OF LEARNING OUTCOMES ORAL EXAMINATION. THE FINAL MARK DEPENDS ON THE DEGREE OF MATURITY ACHIEVED ON THE CONTENTS OF THE COURSE, ON THE ABILITY TO UNDERSTAND AND THE TECHNICAL ACCURACY IN DISCUSSING THE INSTITUTIONS AND NORMS THAT HAVE BEEN STUDIED. EVALUATION CRITERIA: 1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE TECHNICAL LANGUAGE; 2) ABILITY TO DEVELOP A COMPLEX DISCOURSE; 3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED WITHIN THE BROADER REGULATORY FRAMEWORK; 4) ABILITY TO MAKE TRANSVERSAL CORRELATIONS ACROSS THE DIVERSE TOPICS ADDRESSED DURING THE COURSE. THE FINAL MARK IS ATTRIBUTED IN THIRTIES, THE EXAMINATION IS PASSED WHEN THE VOTE IS EQUAL OR HIGHER THAN 18. THE MINIMUM MARK IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM MARK (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEP KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE LAUDE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS A REMARKABLE MASTERY OF THEORETICAL AND OPERATIVE CONTENTS AND PRESENTS THE ARGUMENTS WITH LINGUISTIC ACCURACY AND ABILITY OF AUTONOMOUS ELABORATION.

Verification of learning

ASSESSMENT OF LEARNING OUTCOMES
ORAL EXAMINATION. THE FINAL MARK DEPENDS ON THE DEGREE OF MATURITY ACHIEVED ON THE CONTENTS OF THE COURSE, ON THE ABILITY TO UNDERSTAND AND THE TECHNICAL ACCURACY IN DISCUSSING THE INSTITUTIONS AND NORMS THAT HAVE BEEN STUDIED.
EVALUATION CRITERIA:
1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE TECHNICAL LANGUAGE;
2) ABILITY TO DEVELOP A COMPLEX DISCOURSE;
3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED WITHIN THE BROADER REGULATORY FRAMEWORK;
4) ABILITY TO MAKE TRANSVERSAL CORRELATIONS ACROSS THE DIVERSE TOPICS ADDRESSED DURING THE COURSE.
THE FINAL MARK IS ATTRIBUTED IN THIRTIES, THE EXAMINATION IS PASSED WHEN THE VOTE IS EQUAL OR HIGHER THAN 18.
THE MINIMUM MARK IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE MAXIMUM MARK (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEP KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE LAUDE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS A REMARKABLE MASTERY OF THEORETICAL AND OPERATIVE CONTENTS AND PRESENTS THE ARGUMENTS WITH LINGUISTIC ACCURACY AND ABILITY OF AUTONOMOUS ELABORATION.

	Texts
	A. A. DALIA-M. FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE, LATEST EDITION OR OTHER UPDATED TEXTBOOK CHOSEN BY THE STUDENT IT IS ESSENTIAL TO CONSULT AN UPDATED CODE (SUGGESTED: L. KALB, CODICE DI PROCEDURA PENALE, GIUFFRÈ EDITORE, LATEST EDITION).

	More Information
	IT IS PROVIDED SUPPLEMENTAL EDUCATIONAL ACTIVITIES ( SEMINARS AND EXERCISES ) THAT WILL BE GIVEN DURING THE COURSE

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Angelo Alessandro SAMMARCO | Criminal Procedure